Switzerland’s Federal Council has established a new privacy shield agreement between the Swiss and U.S. governments. The agreement, titled the Swiss-US Privacy Shield, will replace the previous U.S.-Swiss Safe Harbor Framework, which was not aligned to Swiss law in concern to the collection, administration and protection of private data.

In its announcement of the new agreement, the Swiss government wrote, “American companies that process data can obtain certification under the Swiss-US Privacy Shield regime and thereby make themselves subject to its rules.”

The U.S.-Swiss Safe Harbor Framework strengthens protections concerning notice to individuals, onward transfer of data, and data retention.

The Federal Trade Commission (FTC) “has committed to reviewing on a priority basis” complaints alleging non-compliance, and The Swiss Federal Data Protection and Information Commissioner (FDPIC) will serve as the contact for persons in Switzerland,”in the event of any problems in connection with the transfer of data to the USA.”

Beginning on April 12, 2017, the U.S. Department of Commerce will cease accepting U.S.-Swiss Safe Harbor certifications.

In July, 2016, the U.S. Secretary of Commerce and the European Union Commissioner announced the approval of the EU-U.S. Privacy Shield Framework (replacing the previous EU-U.S. Safe Harbor Framework.)


Further Reading:

“FDPIC – Transfer Of Data To The USA”. 2017. Edoeb.Admin.Ch. Accessed January 13 2017. https://www.edoeb.admin.ch/datenschutz/00626/00753/01405/index.html?lang=en.

Editors, writers and members of the Fraternal Order of the Leather Apron Club.